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(영문) 대구지방법원 상주지원 2016.04.26 2015고단545
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] The defendant appealed on August 25, 2015 from the Daegu District Court's resident support for a crime of fraud to be sentenced to one year, and is still pending in the appellate court's trial.

[Criminal Facts] The Defendant, at the home of the Victim K, located in the J on March 21, 2015, around 16:00, at the victim K, and at the victim’s house located in the J on March 21, 2015, lend the victim the amount of KRW 3 million at present. The Defendant will use only one month and make a full payment.

“A false representation was made.”

However, in fact, the defendant did not have any particular occupation and did not pay his personal debt, and it was extremely difficult to carry out economic circumstances such as auction on the house under the name of the defendant, so even if he borrowed money from the victim, he did not have any intention or ability to pay it.

As above, the Defendant, as well as the Defendant, by deceiving the victim as above, received KRW 3 million from the injured party on the same day, from around the above day to May 1, 2015, issued a total of KRW 11 million from the injured party four times in total, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. As long as a person who inflicts damage on the victim due to the instant crime on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated punishment of concurrent crimes, and as long as the victim wants to have the punishment of the defendant, the sentence of sentence on the defendant is inevitable.

However, the fact that the defendant recognizes and reflects all crimes, that the defendant is old and healthy, that the amount of damage is not large, and that the defendant makes efforts to reach an agreement.

The defendant shall not be detained in the court in consideration of circumstances, such as the fact that he/she is entering the court.

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